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Municipal Corporations--Annexation-Violation Of Due Process, Joseph M. Kortenhof S.Ed.
Municipal Corporations--Annexation-Violation Of Due Process, Joseph M. Kortenhof S.Ed.
Michigan Law Review
The City of Silver Grove brought a proceeding to incorporate within its boundaries a parcel of defendant railroad's land under a general law of annexation. It was shown that the land sought to be annexed contained nothing but switchyards, roundhouses, refrigeration plants and other facilities designed exclusively for railroad purposes. It was further shown that the city could make no use of the land nor could it benefit the land in any way since the railroad had complete electrical, sanitation and police facilities. Defendant railroad entered a remonstrance to which the city generally demurred. The trial court sustained the demurrer. …
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Michigan Law Review
Plaintiff, an Ohio corporation, was the lessee of land in Kentucky. It entered into a contract with defendant lessor, a resident of the District of Columbia, to renew the lease. Defendant failed to carry out his agreement, and plaintiff" sued for specific performance of the contract to lease in the United States District Court for Eastern Kentucky, jurisdiction being based on diversity of citizenship. Plaintiff was unable to obtain personal service upon defendant, but obtained service by publication under section 57 of the Judicial Code, which authorizes the court to take jurisdiction and to allow service by publication in "any …
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Michigan Law Review
The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.
Aliens-Right To Hold Propsrty-Effect Of Statutes
Aliens-Right To Hold Propsrty-Effect Of Statutes
Michigan Law Review
An alien testator devised land to her son, which property was seized during the World War by the defendant Alien Property Custodian as belonging to an alien enemy. Von Zedtwitz v. Sutherland, 58 App. D. C. 153, 26 F.(2d) 525. The plaintiffs sued the son in Kentucky, where part of the land was located, and the Alien Property Custodian in this suit to recover the property on the theory that after the eight-year period which the laws of Kentucky allowed the alien heir in which to dispose of the realty, the title vested in them as next of kin …